Ganesh vs State Of Rajasthan
2021 Latest Caselaw 12135 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 167/2021

Ganesh, S/o Akhma, By Caste Pargi Meena, R/o Gulabpura Police Thana Kuan, District Dungarpur (Raj.). (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Home Department, Jaipur.

2. Collector, Dungarpur.

3. Superintendent, Central Jail, Udaipur.

                                                                       ----Respondents


For Petitioner(s)             :     By post.
For Respondent(s)             :     Mr. Farzand Ali, G.A.-cum-A.A.G. with
                                    Mr. Abhishek Purohit



            HON'BLE MR. JUSTICE SANDEEP MEHTA
          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Judgment

03/08/2021

The convict-petitioner has forwarded this letter petition from

jail seeking to assail the adverse recommendations dated

22.12.2020 drawn in the meeting of the District Parole Advisory

Committee, Doongarpur whereby the application for first parole of

twenty days filed on his behalf has been rejected.

The Committee rejected the parole application of the convict-

petitioner on the ground that the convict and the victim's family

are relatives and reside in close proximity in the same village and

thus, if he is released on parole, there would be imminent risk to

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the petitioner's safety as animosity still prevails between the

parties. The apprehension of breach of peace and unrest was also

a reason assigned in the adverse recommendations to deny first

parole to the convict-petitioner.

We find that the reasons assigned in the adverse

recommendations dated 22.12.2020 for denying parole to the

petitioner are absolutely mechanical, vague and extraneous and

are not based on justifiable grounds so as to deny parole to the

convict petitioner more particularly when the Social Welfare

Department has recommended for release of the convict-petitioner

on parole and his mother Smt. Manjula has given undertaking that

in case, her son, the convict-petitioner Ganesh is released on first

parole, she shall ensure that he shall not indulge in any such acts

which may cause breach of peace in the society. Suffice it to say

that maintaining law and order situation is the duty of the State

machinery and by merely citing such reason, the authorities

cannot shirk their responsibilities.

In this background, we are inclined to accept the

instant parole writ petition which is hereby allowed. The

adverse recommendations dated 22.12.2020 are struck down qua

the convict-petitioner and it is ordered that the convict Ganesh

S/o Shri Akhma shall be released on first parole of twenty days

upon his furnishing personal bond in the sum of Rs.80,000/- with

two sureties of Rs.40,000/- each to the satisfaction of

Superintendent Central, Jail, Udaipur on the usual terms and

conditions. The Superintendent, Central Jail, Udaipur shall be at

liberty to impose other adequate and reasonable conditions to

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ensure return of the convict to the custody after availing the

parole. The term of parole shall be computed from the date of his

actual release.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 20-Sudhir Asopa/Devesh/-

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